18 U.S. C. § 922(g) - Federal Felon in Possession of a Firearm Law
Under 18 U.S.C. 922(g), the crime of felon in possession of a firearm is committed when a convicted felon ships, transports, or possesses any firearm or ammunition that has been distributed in interstate or foreign commerce.
The existence of a felony conviction is "determined in accordance with the law of the jurisdiction in which the proceedings were held." Most states have laws restricting or revoking gun ownership or possession rights for people convicted of a felony.
This federal statute also defines similar and expanded restrictions on firearm possession for convicted felons and other people at the federal level. This offense is typically called "felon in possession of a firearm," a law codified under Title 18 U.S. Code 922(g).
If you are found guilty of violating this felony law, the consequences are severe. You could potentially face up to 10 years in federal prison and may qualify for certain sentencing enhancements. This highlights the importance of understanding and complying with the law.
18 U.S.C. 922(g) is a comprehensive law that leaves no room for ambiguity. It states, "It shall be unlawful for any person (1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."
Constructive Possession
It's important to understand the concept of constructive possession. This means that someone can be deemed to possess firearms in their home, car, or place of employment, even if they are not physically present when the firearms are discovered. This is a crucial aspect of the law that all individuals should be aware of.
Under this federal law, if the police can prove that someone has access to and control of a firearm, they can be found guilty. Further, multiple people can possess the same firearm. It's common for all passengers in a vehicle to be charged with possessing a single firearm.
Felon with a Firearm - Quick Facts
- Possession of a firearm refers to control rather than ownership.
- The law applies if the weapon is under your immediate control, such as in a car you are driving or in your home.
- It doesn't matter if that weapon is registered in your name if you have access to it.
- You do not have to be sentenced to more than a year in jail to be disqualified from firearm possession; only a crime punishable by more than one year.
Who Is Restricted from Possessing a Firearm?
Title 18 U.S.C. 922(g) is focused primarily on restricting gun possession by convicted felons, but the restrictions extend to numerous other people.
This restriction only applies to gun possession or transport that affects "interstate or foreign commerce," meaning crossing state or national boundaries.
Suppose the felony gun possession occurs within a state, and the firearm is not shipped out-of-state or does not cross state lines; in that case, it is not a federal crime but could be prosecuted as a state crime. Under 18 U.S.C. 922(g), the following individuals are restricted from firearms possession under federal law:
- Any person convicted in any court of a crime carrying a sentence of imprisonment for more than one year (felony).
- Anyone convicted of a misdemeanor punishable by over one year in jail.
- Any person under a restraining order related to domestic violence.
- Any person convicted in any court of a domestic violence crime.
- Anyone person who is a fugitive from justice.
- Drug addicts, meaning someone addicted to a controlled substance.
- Anyone deemed mentally defective (mental illness).
- Undocumented aliens, including non-permanent resident aliens who are legally in the country, but do not apply to green-card-carrying aliens.
- Any person who has renounced their United States citizenship.
- Dishonorably discharged people from the military.
What Are Related Federal Statutes?
18 U.S. Code Chapter 44, Firearms, has several related federal statutes, such as the following:
- 18 U.S.C. 921 - Definitions.
- 18 U.S.C. 922 - Unlawful acts.
- 18 U.S.C. 923 - Licensing.
- 18 U.S.C. 924 - Penalties.
- 18 U.S.C. 925 - Exceptions: Relief from disabilities.
- 18 U.S.C. 925A - Remedy for erroneous denial of a firearm.
- 18 U.S.C. 925B - Reporting of background check denials to State authorities.
- 18 U.S.C. 925C - Annual report to Congress.
- 18 U.S.C. 925D - Special assistant U.S. attorneys and cross-deputized attorneys.
- 18 U.S.C. 926 - Rules and regulations.
- 18 U.S.C. 926A - Interstate transportation of firearms.
- 18 U.S.C. 926B - Carrying of concealed firearms by qualified law enforcement officers.
- 18 U.S.C. 926C - Carrying concealed firearms by qualified retired law enforcement officers.
- 18 U.S.C. 927 - Effect on State law.
- 18 U.S.C. 928 - Separability.
- 18 U.S.C. 929 - Use of restricted ammunition.
- 18 U.S.C. 930 - Possession of firearms and dangerous weapons in Federal facilities.
- 18 U.S.C. 931 - Prohibition on purchase, ownership, or possession of body armor by violent felons.
- 18 U.S.C. 932 - Straw purchasing of firearms.
- 18 U.S.C. 933 - Trafficking in firearms.
- 18 U.S.C. 934 - Forfeiture and fines.
California Penal Code 29800 PC defines the state crime of felon in possession of a firearm by stating it's unlawful for anyone with a prior felony offense conviction, misdemeanor crime of carrying a firearm, or anyone deemed a habitual drug user, to own, possess, use, store, receive, sell, or have a firearm in their care or custody.
What Are the 18 U.S.C. 922(g) Penalties?
Suppose you are convicted of violating 18 U.S.C. 922(g) federal felon with a firearm law, a Class D felony. In that case, the standard penalty is as follows:
- Up to 10 years in federal prison.
- Up to three years of supervised release and
- Up to $250,000 in fines.
- With a sentencing enhancement, there is a mandatory minimum of 15 years in prison with no parole.
Under the United States Sentencing Guidelines, a person convicted of a felony in possession of a firearm would be assigned a base offense level between 12 and 26, which carries a guideline range of 10 to 78 months in prison before taking into account any mitigating or aggravating circumstances.
What is an Armed Career Criminal?
The Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), mandates a minimum 15-year term of imprisonment for anyone convicted of a felony in possession of a firearm if they have three prior state or federal convictions for violent felonies or serious drug offenses.
A violent felony is defined as any felony that has an element of threat, attempt, or use of physical force against another, involves burglary, arson, or extortion, or constitutes a similar crime. The Armed Career Criminal Act defines serious drug offenses as any drug offense punishable by imprisonment of 10 years or more.
What Are the Legal Defenses?
If accused of violating 18 U.S.C. 922(g), a federal criminal defense attorney can use several strategies to challenge the charges, as discussed below.
We can argue that you are not disqualified from possessing a firearm under 18 U.S.C. 922(g). Perhaps you were not convicted of a qualifying crime, had your restraining order rescinded, or are not in one of the other disqualified groups.
We could argue that the firearm did not cross state or national boundaries. This defense removes it from federal jurisdiction and possibly into state jurisdiction, where the penalties are less severe.
Maybe we can argue that the firearm was not under your control. Perhaps a relative kept the weapon in your home under lock and key, but you were unable to access it.
Often, law enforcement exceeds the scope of its authority and requires people to submit to a vehicle, home, or body search when they would not otherwise be required to do so.
Perhaps the police coerced you into agreeing to a search, arrested you without probable cause, or obtained search warrants in bad faith.
Suppose any of these can be proven through the filing of a motion to suppress. In that case, the courts might suppress the resulting evidence as having been illegally obtained in violation of the Fourth Amendment of the United States, which can lead to a dismissal of the case.
If guilt is not in doubt, perhaps we can negotiate a favorable plea bargain with the federal prosecutor. If you have been charged with felon in possession of a firearm in federal crime, contact our law firm for a free case review. Cron, Israels & Stark is based in Los Angeles, California.
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